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Murukan   19 February 2016

12 (1) c

My wife family is filed a case under section 12 (1) C  to Nullyfy marriage as we lived only 20 Days .

I also agrred to Nullyfy that i didnt had any physical Interatction with her .

Is that i need to attend the Court as per the Notice ? 

I heared about ex parte  Divorce , Can some one explain how it will happen ? how much time it will take ?

IS that i need to appoint a lawyer ?

 



Learning

 2 Replies

Sidharth   19 February 2016

You should attend court hearing, if there is anything against you, then you can oppose that. If everything goes fine accept it.  Moreover in case of ex party divorce appeal time is 90days so you have to wait for remarriage.  And if you contest , then appeal time is 30 days.  You can remarry after 30days. If no appeal lies before court. 

Vijay Raj Mahajan (Advocate)     19 February 2016

 

Section 12(1)(C) Hindu Marriage Act,1955 is not for divorce but annulment of marriage on the ground that the consent for the marriage taken by you by fraud or force on the respondent, it means you by committing fraud took consent from the woman and married her, had you not misrepresented to her she would not have given her consent for the marriage.

To attend or not the family court proceedings in the matter is entirely you decision but if ex-parte decision and order against you is passed nullifying the marriage, you being a cheat by nature will automatically get established that will affect your reputation in future.


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